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  1. #1
    Join Date
    Nov 2007
    Posts
    4

    Default Running a Stop Light to Protect Myself From an Accident

    Georgia

    I pulled out of my office and took a left on a 4 lane street, just as I was pulling out a trackor trailer in the far lane came over into my lane. The light, about 30 yards away, turned yellow just as I straightened out on the road. Then I saw in my rear view mirror a tractor trailer coming up my bumper at about 45 MPH, so I gunned it to get away from the accident and ran through the redlight by about a second. Just as all this occurred a cop was driving on the opposite side of the road and taking a right at the intersection at the light. He saw me look at him as I ran it and I noticed him. I beleieve thsi part actually enraged the officer as he took it personally.

    My court date is tomorrow, should I go sit through court and plead my case that I was proetcting myself and my property from a definite accident and thats the reason I ran the red light, or should I just pay the fine and let the cop, who had zero mercy with the sitaution, win another traffic violation.

  2. #2

    Default Re: Running a stop light to protect myself from an accident

    Heh good luck with this one, one hell of a story though.

    Although I did run a red light while an angry off-duty cop got out of his car and approached me on foot. He served me multiple tickets in multiple jurisdictions the next morning. I was able to get that ticket dropped due to the circumstances I presented - dark, city street, alone, officers lack of ID.

  3. #3
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Running a Stop Light to Protect Myself From an Accident

    Should I try to argue that the officer was alreday turning right on the street and his back was basically almost turned and wasn't in position to see if the light had turned red yet?


    The ticket is for $158, so I would really appreciate any insight any memebers have on this sitaution.

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Running a Stop Light to Protect Myself From an Accident

    I can give you my insight, but you probably won't like it. You claim that you were essentially "forced" to run the red light to avoid being hit from behind by a tractor-trailer who was travelling at 45 MPH, just 30 yards from the intersection.

    Well, unless the tractor-trailer went barrelling through the intersection right on your tail, it doesn't make much sense. If the truck was able to stop for the light, you've got a problem with your story. First, everyone knows a tractor-trailer cannot stop as quickly as a car. In fact, the braking distance (ignoring reaction time) for a tractor-trailer doing 45 is about 140 feet (even a car is over 100 feet!). So, if he stopped at the light, there is no way he was doing 45, or the intersection was much further away than you describe or he wasn't right on your tail.

    At least that's the way I see it, based on your descriptions.

    Barry

  5. #5
    Join Date
    Nov 2007
    Posts
    4

    Default Re: Running a Stop Light to Protect Myself From an Accident

    I understand your point Barry. Well if it helps any, when a tractor trailer slams his brakes on the truck usually skips across the pavement. The mark are still outside my office at the light. And the distance and speed were estimates.

  6. #6
    Join Date
    Jan 2006
    Location
    Ontario
    Posts
    174

    Default Re: Running a Stop Light to Protect Myself From an Accident

    Take a pic of the skid marks. I'd definitely put on a defense if I were you. Since the officer was turning, it's fair to assume he was looking right and didn't see the your dilemma.

    The only catch I can see is you might be challenged about entering the roadway in an unsafe manner (you don't have the right to assume the truck would stay in the right lane). In other words, YOU put yourself in this compromising position, not the truck.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Running a Stop Light to Protect Myself From an Accident

    Quote Quoting Fredetw
    View Post
    Georgia

    I pulled out of my office and took a left on a 4 lane street, just as I was pulling out a trackor trailer in the far lane came over into my lane. The light, about 30 yards away, turned yellow just as I straightened out on the road. Then I saw in my rear view mirror a tractor trailer coming up my bumper at about 45 MPH, so I gunned it to get away from the accident and ran through the redlight by about a second. Just as all this occurred a cop was driving on the opposite side of the road and taking a right at the intersection at the light. He saw me look at him as I ran it and I noticed him. I beleieve thsi part actually enraged the officer as he took it personally.

    My court date is tomorrow, should I go sit through court and plead my case that I was proetcting myself and my property from a definite accident and thats the reason I ran the red light, or should I just pay the fine and let the cop, who had zero mercy with the sitaution, win another traffic violation.

    Any act done in facial violation of law to minimize such harm, as we see here, is the defense of "Justification" or "Necessity". If you believe you were in the right in pulling out and then had to avoid the collission, state your case.

    Example:

    You are sitting at a red light and someone pulls a gun and starts blasting. Does the law mandate you sit there before the light turns green and continue getting shot at? I don't think so.

    Believe it or not I have heard of officer's giving tickets to a person taking a woman to a hospital to have a baby and bending the traffic rules. I am not talking about reckless driving etc., now.

    An example my law dictionary gives for Justification is intentionally starting a fire to burn real property to stop the spread of a raging fire, in other words, this stops the flow of energy from transfering and continuing, thus helping to put out a free fire, the "choice between two evils", committing arson to prevent major catastrophe or allowing the raging fire to cause untold damage.

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